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(영문) 부산지방법원 2015.10.22 2015고단5353

업무방해

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From around 23:00 to 23:59 on July 2, 2015, the Defendant: (a) carried a mixed alcoholic beverage from “D” operated by the victim C (hereinafter “D”) located in Busan Jin-gu, Busan to drink and drink the same as the victim’s day, and (b) had the female son who attempted the victim to drink the same while refusing to drink, but obstructed the victim’s restaurant business by force on the ground that the female son was bad and bad.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to victims;

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts (the point of interference with business and the choice of imprisonment);

1. Article 62 (1) of the Criminal Act;

1. In view of the fact that probation and community service order Article 62-2 of the Criminal Act are capable of having the same record of sentencing, and the crime committed during the period of probation after being sentenced to a suspended sentence in 2011 is committed again in spite of the enemy who had been sentenced two times, the quality of such crime is not good;

However, in consideration of the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the time of committing a crime, the fact that the damage is not significant, and the application for coal submitted, etc., the punishment as ordered shall be determined.